(영문) 의정부지방법원 2020.02.07 2019노3078

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.02.07 2019노3078

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a maximum term of one year and two months, and a short term of ten months.

seizure.

Reasons

1. The gist of the grounds for appeal is that the original court’s punishment (one year and four months of imprisonment for a maximum term of one year and four months, and one year and confiscation) is too unreasonable;

2. The circumstances are that: (a) the Defendant, as a collection measure for the crime of Bosing, misrepresented the staff of the Financial Supervisory Service; (b) the amount of damage is KRW 60 million; (c) the amount of damage is up to KRW 60 million; and (d) the Defendant, as a result, posted a notice to recruit the collection measure of Bosing; and (c) the Defendant appears to have participated in the crime to raise living expenses, etc. even though being aware of the crime of Bosing; (d) the victim G, the non-written use from I; and (e) the fact that additional damage recovery was not made in the trial.

However, it is favorable for the defendant to recognize the whole crime of this case and to reflect it when it comes to the trial, there is no criminal punishment or juvenile protective disposition record, it is a juvenile, the victim C and H partially damaged damage, and the above victims do not want to be punished against the defendant, and the family members and branch members of the defendant want to leave their wife.

In full view of these circumstances and the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the court below's punishment is somewhat inappropriate.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to the corresponding column of the judgment of the court below, and thus, Article 369 of the Criminal Procedure Act applies to the summary of crime and evidence, except where "the defendant's partial statement" in the summary of evidence is "the defendant's trial court statement".

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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